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1979 Supreme(SC) 357

P.N.SHINGHAL, V.R.KRISHNA IYER
S. B. Noronah – Appellant
Versus
Prem Khanna – Respondent


Advocates:
HARDEV SINGH, K.C.DUA, R.S.SODHI, Y.S.Chitale

JUDGMENT

KRISHNA IYER, J.— This appeal is symptomatic of a social pathology which afflicts the justice system at every level with none concerned to cure it.

2. The extraordinary scarcity of accommodation in our country has produced the litigative and legislative phenomena of tenants protection laws and interminable eviction cases. The situation cries for a social audit of the explosive expansion of ruinous and pathetic rent control litigation and an urgent yet dynamic policy of promoting house construction for the lower brackets of Indian humanity.

3. A landlady let out her premises to another lady several years ago (1968) for a term and, thereafter, from time to time, continued the possession of the tenant on fresh lease and increase in rent. Every time there was homage to the law by grant of sanction by the Rent Controller under Section 21 of the Delhi Rent Control Act, 1958 (the Act, for short), as if the letting were of a residential accommodation. It is apparent that all these years an elitist residential school is being run in the premises and that is the purpose expressly recited in all but the last lease deed of December 1975. This lease recites blandly that the lessee requir




























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